The Archive · 1877

U. S. CONSULATE-GENERAL

Shanghai, July 23rd, Before 0. B. Braprorn, Eaq., Vice-Consul-"General.

Unrrep Staras v. Jomx Wuisox and Onantys Cordes and jeckmann were going howe by the French mail, he would probably have no other opportunity of calling them, J. Davipsox, second engineer of the Consolation, was called by the defendant as a witness, He deposed—I heard @ noise and went heard the Captain say he was going in for a revolver to shoot defendant, but the chief engineer came and told the Captain that if ho brought out a revolver he would knock him dows on the deck. Witnets could' not say that defendant (Commings) was drunk—neither could he say that he w: Never heard him uso Tt might have Captain Rover, in explanation of thi tion thut he was going to shoot defendant hand no revolver, Laid, Don't force me to shoot this ian." When they thought I was going to use forcible means to arrest de-fondant, all the firemen were called aft to sist the engineers and resist me, and I began to feel afraid Defendant complained that Captain Roper had accused him of habitual drunkenness, and said he was not an habitual drunkard.

is Wonsitr—You were drank on two occasions, and that was twice too often for a aman in your position, but it is not habitual. drunkenne I will now hear the evidence against Campbell.

Captain Karen then resumed his reading from the official log from the point where he sent for Campbell, the chief engineer, to remove Cummings—I sent for the chief engineer to take Cummings away. He came and I saw hoe was also in Jiquor. Tustead of removing Cummings, he aided and abetted bit He also called me ill names, and said if I dared to put one of his Scotchien in irons, he would level me with the deck. He was' decidedly in liquor. He also gave me a violent push; and then turning to Mr. Cordes, said the beer was put on board for the officers of the whip and not for a lot of bloody Russians and Gert who ara hero only to cheat the cargo." i told Campbell that Mr. Cordes was on board as the representative of Mr. Macgregor, the owner of the Consolation, and that lie had a perfect right to look after things. Defendant was quite drank, but not go much so that he could not walk. Ho said he would make combination at Shanghai to drive me out of the ship. He also waved his hand towards the firemen who were standing near, and eaid, There are my boys, if you dare to put one of my Scotchmen in irons." I used forbearance towards this man, and towards them all. Next day, I sent for defendant, to come and hoar the entry in the official tog read over. He did not come, but sent word, "'Tell ti Captain, Ihave a sore foot." He was aft wards walking about the deck the same usual. He came to me a day or two ago, to know what I had entered against him, but the book was then in the hands of the Court, andI could not show it to him. On another occasion, in the Straits of Malacca, defendant assaulted me. He then came into my cabin drunk.

wason May 16th, at one p.m. On the same —he was still wearing his pajamas, and looked more like a pig than a man.

His Worsai—It seems to mo that best course will be for you to apply for a Naval Court. ° The case is a very serious one, and a Naval Court will be able to deal with the whole matter, and forfeit wages and suspend certificates if need be.

Defendant denied that he was an habitual drunkard, or that he was drunk, as stated by the Captain, Captain Rorzr said that his witnesses could prove what he had stated was truth. He appl to har now, as they were going home by th mail, and could not be called at the Naval Court.

His Wonsmre said he would take th evidence now, ALDERT CORDES, sworn, deposed—I saw the chief engineer lay his hands on Captain Roper, on the 8th July, not #0 very violent, but more violently than he ought to have done. Ishould say from his behavior that he was drunk at the time, He did not stand '80 erect as he usually did. He abused me ab the same time. I appealed to the chid engineer to take the other drunken man away, but I saw at once that I had appealed to the wrong person.

By Captain Rorzr—I cannot remember the I shouting, ai ft. They called you, Bring your revolver out.

Feuix Digckatann deposedfendant when he came to the Capt put his hand on his should a robber, a thief, and other names. def idant threaten to knock the Captain down.

He said if the Usptain put one of his men in irons, he would knock the Captain down, I think defendant was drunk, He was very abusive.

Defentlant—I said if the Captain brought out a revolver, I would knock him down, T did not say 'T would do so if he put one of The Captain was very wanted to take all power was told by the owners; ptain had nothing to do with me or my meu, and that I had fall charge over them, and I have acted all through according to those instructions, but he wanted to deprive me of the pom His Wonsmp—If a chief engineer takes upon himself te give two engineers and nine firemen leave at one time, I think he assumes a great deal of power.

captain Rorek—It was a case in which many Captains would have used a revolver He told me I was not fit to common white men, and that I was a robber and a thief. "I once was obliged to shoot a mav, but I was tried for it at Gibraltar and honourably acquitted; the Judge, Sir James Cochrane, also giving ime an additional certificate, which I beg to hand te the Court. (Certificate produced.)

His Wonsmre repeated that it seemed to him case that ought to be investigated by a Naval Court. That Court could deal with it in its entirety. Some of these acts were committed out of the jurisdiction of this Prisoners.are sailors on board the Coldatream, Originally they complain the treatment they received on board. The Court, after hearing their complaints, requested them to return to the ship and perform their duty, while an investigation was, made into the truthfulness of their statements, The two men were to return to the ship with the Marshal, who was going to fetch the chief officer before the Court to be held on appearance after the mail left, xy prisoners decamped, hut were soon arrested. Ti and chief mate prisoners up, Macdonald asserted that he would not return to the Coldstream, and from H.B.M.'s corvette Juxo, asserted that

defied the authority of the Court. The other prisoner had virtually no complaint to make the presence of the Captain, The Cour considered that what the prisoner had done was a trick to get out of the ship—a whim of sailora that they we not treated as they ought to be, Tuly 24th, Ussrep Srares v, W. Jones and Jaaces Cronin.

This was a similar case to the one above, Prisoners are sailors on board 1 and complained to the Court that they wei badly treated. The Court investigated thei complaints and found them groundless, and found that they had been made because the prisoners wantd to leave the ship. They were shipped for two years, and the tain refused to give them iheir discharge, he Court gave them the alternative of ro-turning to the ship, or staying in the gaol on bread and water diet until they decided to doo, They elected to return to the ship forthwith, Tuly 26th. Unrren Sraves v. FRaNKuiN Pierce Escape from Gaol, Prisoner, who was in custody awaiting trial on a charge of fraud, was charged wit escaping from the gaol, and also with defacing the wall of his cell with intent to Prisoner pleaded guilty, and made the following statement:—I made a rope out of the blanket, tied it to the window bar; and with ite assistance got over the gaol wall. I went to the Mitza Bishi Company's Wharf, took a sampan, and went to the place where I was arrested at the Poi I intended to go to Pootung. -I no friends at the Point. I saw no one there, Iwas alone. The house was open and-I was sitting reading when the police came, I did not think the Point was Wor lasked to go further down the oint. I have not said anything to anyone in the gaol of my intention to ta cage. Tam alone to flanie, "Lalag trod to dig out of my cell. I jumped from the top of the gaol wall into the street.

Text read from the printed page and cleaned; old type leaves the occasional error.

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